Is a serious felony conviction described by section 1192.7, subdivision 23 of the California Criminal Code a "serious felony" and arising out of a crime committed before the effective date of Proposition 8?

California, United States of America


The following excerpt is from People v. McDonald, 181 Cal.App.3d 63, 226 Cal.Rptr. 621 (Cal. App. 1986):

A serious felony conviction described by section 1192.7, subdivision (23), and arising out of a crime committed before the effective date of Proposition 8, is one where an enhancement under section 12022, subdivision (b) was pleaded and proved or admitted. (People v. Bradford, supra, 160 Cal.App.3d at p. 542, 206 Cal. Rptr. 899.) Since defendant's 1980 conviction for violation of section 245, subdivision (a) was not accompanied by the requisite statutory enhancement,

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